Islamabad:
Once again, the chief judge of Pakistan Yahya Afridi refused to grant a CNO to the main Mensoor Ali Shah judge to travel abroad to attend events.
We learn that last month, judge Syed Mansoor Ali Shah was invited to attend the 2025 World Constitutionalism at the Yale Law School, University of Yale, United States from September 10 to 13.
Judge Shah has been invited in the past five years to attend the event, in which senior judges around the world are committed to dialogue with the main researchers of Yale, Harvard and Princeton.
This year, judge Shah was supposed to present an article on “artificial intelligence and judgment”.
Even the Yale Law School had officially written to CJP Afridi, asking for the official appointment of judge Shah. On August 6, judge Shah also made the same request.
Later, the registrar SC had responded to the Yale Law School that the Supreme Court of Pakistan would not be able to facilitate the participation of Judge Shah.
By giving a reason, the registrar said that the judicial year of the supreme had started on September 8 of each year and that this opportunity is traditionally marked by important institutional activities, in particular a complete session of complete legal judges to examine and develop strategies for the coming year, as well as an interactive commitment with the legal brotherhood.
It is also said that this year, the day is gaining particular importance, because the Supreme Court recently promulgated a new edition of its rules, establishing a more complete and technology framework for the operations of the Court. In this context, the presence and participation of all judges in the opening of the judicial year are essential for collective deliberation, priority framework and institutional orientation.
“Given these convincing commitments, the Supreme Court of Pakistan would not be able to facilitate the participation of the honorable judge in your estimated event. We deeply appreciate our institutional and academic links and we hope for the future opportunities for collaboration and commitment,” explains the letter written by SC Registrar to the Yale Law School.
On August 15, judge Shah wrote a letter to CJP Afridi to obtain his response from his NOC request.
He had given several reasons to justify his visit abroad. Justice Shah said he had not completely exhausted the summer vacation and during the mandate of CJP Afridi, he decided 3,956 cases.
Likewise, judge Shah declared that he is not a member of the constitutional bench either of any other administrative committee, and now that the court has a force of 25 judges, his temporary absence would in no way disrupt the functioning of the court.
Judge Shah said his trips should start during the summer holidays (September 5) and end shortly after (September 13).
Judge Shah also told the CJP Afridi that an undue delay or an unreasonable refusal in a question of this nature risks creating the perception that certain judges are penalized to have independent opinions, in particular when the leave has been granted to other judges for events of status of university or professional placement.
“Such perceptions, whether they are precise or not, can be deeply detrimental to the credibility and collegiality of this court. As a superior judge of the Supreme Court, I make this request that it will be processed in fashion and with the courtesy it deserves,” said judge Shah Letter.
The judge also told the CJP that, if he would not decide his request, it would be forced to share this correspondence with the welcoming institutions in order to know why he is unable to travel and so that they can assess transparency, collegiality and respect for judicial independence within this court.
Judge Shah also stressed that the Supreme Court is not a regional force such as the public service or the armed forces; He does not work on a system of command and control but draws his strength from the independence of his judges.
“The restrictions, procedural obstacles and the delays of the type encountered by your administration are likely to be perceived as measures intended to orient the judges towards conformity rather than independence – a course which would weaken the constitutional foundations of the Court and corroded the very principles on which its authority rests,” said the letter.
Despite judge Shah Letter, CJP Afridi refused to issue him NOC to travel the United States.
We also learn that Judge Shah was also invited to speak to the New York City Bar Association on September 8 and to participate in an academic dialogue with Professor Noah Feldman at Harvard University on September 10.
This is not the first time that CJP Afridi has not allowed him.
In February, he was unable to fly to Saudi Arabia for having attended two events for arbitration for lack of ex-Pakistan leave.
Judge Shah was invited to deliver key notes during two events of arbitration week in Riyadh, Saudi Arabia organized by the Al Baraka Forum and the organization of the Islamic-Arbitrage Cooperation Center (OIC-AC).
During this week, judge Shah also wanted to play Omra before the start of Ramazan.
The Senior Party Judge had made a request to the CJP Yahya Afridi for the former Pakistan, who remained well over time, which remained unanswered and forcing the Mansoor judge to cancel his trip to Saudi Arabia because his leaves could not be sanctioned.
